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United States v. Bhagat Singh Thind : ウィキペディア英語版
United States v. Bhagat Singh Thind

''United States v. Bhagat Singh Thind'', 261 U.S. 204 (1923), was a case in which the United States Supreme Court unanimously decided that Bhagat Singh Thind, an Indian Sikh man who identified himself as a "high caste Hindu, of full Indian blood," was racially ineligible for naturalized citizenship in the United States. In 1919, Thind filed a petition for naturalization under the Naturalization Act of 1906 which allowed only "free white persons" and "aliens of African nativity and persons of African descent" to become United States citizens by naturalization. After his petition was granted, Government attorneys initiated a proceeding to cancel Thind’s naturalization and a trial followed in which the Government presented evidence of Thind’s political activities as a founding member of the (Party ), a violent Indian independence movement headquartered in San Francisco. Thind did not challenge the constitutionality of the racial restrictions. Instead, he attempted to have "high-caste Hindus" classified as "free white persons" within the meaning of the naturalization act.
==Argument==
Thind argued that his people, the Aryans, were the conquerors of the indigenous people of India. Highlighting that his people were a "conquering people" was done to characterize Thind as being white.
Thind argued that Indo-Aryan languages are indigenous to the Aryan part of India in the same way that Aryan languages are indigenous to Europe. Highlighting the linguistic ties between Indo-Aryan speakers and Europeans was done to characterize Thind as being a white person.
Since the Ozawa v. United States court case had just decided that the meaning of white people for the purposes of the Court were people who were members of the Caucasian race, Thind argued that he was a white person by arguing that he was a member of the Caucasian race.〔Warnke, G. (2007). After Identity: Rethinking Race, Sex, and Gender. Cambridge University Press: New York. ISBN 978-0-521-88281-1〕 Thind argued using "a number of anthropological texts" that people in Punjab and other Northwestern Indian states belonged to the "Aryan race",〔 and Thind cited scientific authorities such as Johann Friedrich Blumenbach as classifying Aryans as belonging to the Caucasian race.〔 Thind argued that, although some racial mixing did indeed occur between the Indian castes, the caste system had largely succeeded in India at preventing race-mixing.〔 Thind argued that by being a "high-caste Hindu, of full Indian blood" he was a "Caucasian" according to the anthropological definitions of his day.
Thind's lawyers argued that Thind had a revulsion to marrying an Indian woman of the "lower races" when they said, "The high-caste Hindu regards the aboriginal Indian Mongoloid in the same manner as the American regards the Negro, speaking from a matrimonial standpoint."〔Bigsby, C. (2006). The Cambridge companion to modern American culture. Cambridge: Cambridge University Press. ISBN 978-0-521-84132-0〕 Thind's lawyers argued that Thind had a revulsion to marrying a woman of the Mongoloid race, because they felt that expressing "disdain for inferiors" would characterize Thind as being white.〔Haney López, I.F. (1996). White by Law: The Legal Construction of Race. New York and London: New York University Press. pp. 149.〕 Also, this would characterize Thind as being someone who would be sympathetic to the existing anti-miscegenation laws in the United States.〔Zhao, X. & Park, E.J.W. (2013). Asian Americans: An Encyclopedia of Social, Cultural, Economic, and Political History. Greenwood. pp. 1142. ISBN 978-1598842395〕

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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